The terms and conditions set forth below (the “Terms”) govern your use of the Web site located at www.financialshaman.com, (collectively, the “Site”). The Site is owned and operated by Financial Shaman, (“We”, “Us” or “The Company”). These terms govern your access to, and use of, the Site. If you do not agree with all of these Terms, do not use this Site or any information or content contained on this Site and do not partake in any service, product, or anything the Company offers to you. Your use of this Site shall be deemed to be your agreement to abide by each of these terms set forth below. Financial Shaman reserves the right to revise these Terms at any time and will post notice of the changes and the updated Terms on this Site. You are responsible for regularly reviewing these Terms. Your continued use of this Site after the changes have been posted means that you agree to the new Terms.
- General Use
Certain information, content, documents, and services provided on and through this Site, including content, logos, graphics, and images (together, the “Materials”) that are not Feedback (as defined below) are provided to you by Financial Shaman and are the copyrighted and/or trademarked work of Financial Shaman or Financial Shaman’s contributors. Financial Shaman grants you a limited, personal, non-exclusive, and non-transferable license to display the Materials on your personal computer and to use this Site solely for your personal use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title, or interest in or to this Site or any Materials.
- Third-Party Content
Certain information and other content that is not Feedback may be provided by third-party licensors and suppliers to Financial Shaman (“Third-Party Content”). The Third-Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third-Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter, or enhance any of the Third-Party Content in any manner unless you have permission from the owner of the Third-Party Content.
- User Content and Communications
Financial Shaman may permit you to post comments to a blog or otherwise share your thoughts or content in a public manner (“User Content”). User Content does not include information provided to us in response to a specific job post on the Site. You hereby grant Financial Shaman a perpetual, irrevocable, royalty-free license to use, display, catalog, modify, edit, adapt, compile, or otherwise exploit any User Content posted or transmitted by you to or through any service on the Site.
You expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us or post on the Site without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information. Financial Shaman shall not seek additional permission from you for any uses and you expressly waive any right of approval or compensation for such uses.
Many different parties may post blogs and other content to the Site. Such materials are the opinions of the individual authors of such materials and do not reflect the opinions or positions of Financial Shaman. Financial Shaman makes no warranties regarding such materials. Financial Shaman is under no obligation to screen or monitor User Content but may review User Content from time to time at its sole discretion to review compliance with these Terms. Financial Shaman will make all determinations as to what User Content is appropriate in its sole discretion. We may include, edit or remove any User Content at any time without notice.
- Your Feedback
To the extent that you provide Financial Shaman with any suggestions, information, ideas, or feedback concerning the Site, Materials, and/or any other content, products, or services of Financial Shaman (“Feedback”), such Feedback will be the sole and exclusive property of Financial Shaman. You hereby do assign and agree to assign, to Financial Shaman all rights, titles, and interests worldwide in and to the Feedback, and all related intellectual property rights. You agree to assist Financial Shaman in perfecting and enforcing such rights. You acknowledge that you are responsible for the information (including, but not limited to, Feedback), opinions, messages, comments, and other content or material that you submit or upload to the Site.
- Acceptable Use Policy (“AUP”)
You are solely responsible for the User Content that you post on the Site or transmit to other users and agree that you will not hold Financial Shaman responsible or liable for any User Content from other users that you access on the Site.
Financial Shaman will make the sole determination as to whether or not User Content is acceptable for the Site. Without limitation, you agree that you will not post or transmit to other users anything that contains User Content that: is defamatory, abusive, obscene, profane, or offensive; infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Site); violates any party’s right of publicity or right of privacy; or is illegal or promotes any illegal activities.
You may not use spiders, robots, data mining techniques, or other automated devices or programs to catalog, download or otherwise reproduce, store, or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site or attempt to exceed the limited authorization and access granted to you under these Terms. You may not resell use of, or access to, the Site to any third-party.
If you notice any violation of this AUP or other unacceptable behavior by any user, you should report such activity to Financial Shaman at [email protected]
- Links to Third-Party Sites
This Site may be linked to other sites that are not Financial Shaman sites. Financial Shaman is providing these links to you only as a convenience, and Financial Shaman is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.
- Proprietary Rights
The Financial Shaman name and logo are trademarks of Financial Shaman. Other trademarks, names, and logos on this Site are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images, and icons, as well as the arrangement thereof, are the sole property of Financial Shaman or its licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
The materials in the Site are provided “as is” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Financial Shaman disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Financial Shaman does not warrant that the functions contained in the materials will be uninterrupted or free of errors, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. Financial Shaman does not warrant or make any representations regarding the use, or the results of the use, of the materials in the Site in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
The material that you read on the Site is provided solely for informational purposes only and is subject to change or withdrawal by Financial Shaman at any time without notice. Financial Shaman assumes no responsibility for the accuracy or completeness of the materials. While every effort is made to ensure that all information provided at the site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses. Furthermore, neither Financial Shaman nor its affiliated or related entities are responsible nor liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based on or resulting from any information or opinions provided in the Site.
IN NO EVENT WILL FINANCIAL SHAMAN BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, THE MATERIALS, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF FINANCIAL SHAMAN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This site is controlled and operated by Financial Shaman from its offices within the State of Colorado. Financial Shaman makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Colorado. Any action you, any third-party, or Financial Shaman bring to enforce this agreement or, in connection with, any matters related to the Site shall be brought only in the courts of the State of Colorado, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except by Financial Shaman.